Jammu- The High Court of J&K and Ladakh has upheld dismissal of a BSF soldier, more than two decades after he filed the petition challenging his dismissal from the services.
The petitioner— P. K. Sunil—while working as a Constable, was sanctioned fifteen days leave with effect from 14 August 2000 to 6 September 2000 but he “overstayed” the leave.
By virtue of order dated 18 June 2002 Sunil was dismissed from service. He had filed plea against the order before concerned BSF authority but the same was rejected vide order issued by the Chief Law Officer2 December 2002. It was this order which was assailed by him in the petition in 2003.
“This Court does not find that recording of reasons for returning a finding of guilty, was at all the requirement of law,” a bench of Justice Rajnesh Oswal said, adding, “Though it was vehemently argued by the learned Senior Counsel for the petitioner that the petitioner (Sunil) had informed the respondents (BSF authorities) through telegram as also through the reply that his mother was ill, but equally true is that in the reply, it was stated by the petitioner that his mother was suffering from cancer disease whereas in the medical certificate annexed with the reply to the show cause notice, it was mentioned that she was suffering from diabetes mellitus and hypertension.”
The Court also observed that it finds that the order dated 2 December 2002 was passed by the Director General of BSF after perusing the relevant record of the proceedings.
“No reasons in fact were required to be furnished for rejecting the statutory petition of the petitioner in terms of section 177 of the BSF Act,” the court said
The Court observed that it has also examined the proportionality of the punishment vis-à-vis act of misconduct of Sunil, the soldier. “After perusing the record, this Court finds that the punishment awarded to the petitioner (Sunil) is not shockingly disproportionate to the act of misconduct on the part of the petitioner, which may warrant interference by this court.”
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